Manzar Hassan @ Manjar Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69604 of 2021 Arising Out of PS. Case No.-1369 Year-2017 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Manzar Hassan @ Manjar Hassan Son Of Kashim Shaik Resident Of Village - Mahinam- Pohaddi, P.S. - Bahera, District - Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rafat Ara @ Simmi Wife Of Manzar Hassan (D/o- Wasim Ahmad), Resident Of Village - Paigambarpur, P.S. - Singhwara, District - Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhusudan Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram Mr. Iqbal Asif Niazi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner, opposite party no. 2 and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 379, 498A, 406, 420/34 of the Indian Penal Code and Section 3⁄4 of the DP Act.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her

Patna High Court CR. MISC. No.69604 of 2021(5) dt.17-10-2022 2/3 matrimonial home in association of his family members over the dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific allegation against the petitioner. He submits that earlier opposite party no. 2 had filed the Complaint Case No. 1153 of 2016 under Section 147, 341, 323, 380, 498A, 386, 504/34 of the Indian Penal Code and Section 3⁄4 of the DP Act against the petitioner and other accused in which petitioner and other accused persons have already been granted anticipatory bail by the learned court below. He submits that petitioner has filed the Divorce Case No. 130 of 2016 before the Principal Judge, Family Court, Darbhanga. He submits that the opposite party no. 2 has also filed the maintenance case against the petitioner under Section 125 Cr.P.C.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond

Patna High Court CR. MISC. No.69604 of 2021(5) dt.17-10-2022 3/3 of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1369 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T